BILL NUMBER: AB 2371	CHAPTERED  09/20/00

	CHAPTER   545
	FILED WITH SECRETARY OF STATE   SEPTEMBER 20, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 10, 2000
	AMENDED IN ASSEMBLY   MAY 3, 2000

INTRODUCED BY   Assembly Member Lempert

                        FEBRUARY 24, 2000

   An act to amend Sections 1203.1d and 1214 of the Penal Code, and
to amend Section 19280 of the Revenue and Taxation Code, relating to
fines.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2371, Lempert.  Fines.
   (1) Existing law permits the referral of fines, state or local
penalties, forfeitures, restitution fines, or restitution orders
imposed by specified courts upon a person for criminal offenses under
certain conditions to the Franchise Tax Board for collection.
Existing law authorizes a board of supervisors to establish
priorities of payment with respect to amounts collected by the
Franchise Tax Board.  Existing law specifies that fines no less than
$250 may be referred to the board.
   This bill would instead require a board of supervisors to
establish those priorities of payment, thereby imposing a
state-mandated local program.  This bill would provide that
restitution fines and restitution orders no less than $100 may be
referred to the Franchise Tax Board for collection as a pilot
project, subject to the approval of the Director of Finance.
   (2) Existing law provides that any judgment for a fine, including
a restitution fine, may be enforced in the manner provided for the
enforcement of money judgments generally.
   This bill would provide that any portion of a restitution fine
that remains unsatisfied after a defendant is no longer on probation
or parole is enforceable by the State Board of Control, as specified.

  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1203.1d of the Penal Code is amended to read:
   1203.1d.  In determining the amount and manner of disbursement
under an order made pursuant to this code requiring a defendant to
make reparation or restitution to a victim of a crime, to pay any
money as reimbursement for legal assistance provided by the court, to
pay any cost of probation or probation investigation, to pay any
cost of jail or other confinement, or to pay any other reimbursable
costs, the court, after determining the amount of any fine and
penalty assessments, and a county financial evaluation officer when
making a financial evaluation, shall first determine the amount of
restitution to be ordered paid to any victim, and shall then
determine the amount of the other reimbursable costs.
   If payment is made in full, the payment shall be apportioned and
disbursed in the amounts ordered by the court.
   If reasonable and compatible with the defendant's financial
ability, the court may order payments to be made in installments.
   With respect to installment payments and amounts collected by the
Franchise Tax Board pursuant to Section 19280 of the Revenue and
Taxation Code and subsequently transferred by the Controller pursuant
to Section 19282 of the Revenue and Taxation Code, the board of
supervisors shall establish the priorities of payment, first between
fines, penalty assessments, and reparation or restitution, and then
between other reimbursable costs.  The board of supervisors may
establish priorities of payment between orders or parts of orders in
cases where defendants have been ordered to pay more than one court
order.
   Documentary evidence, such as bills, receipts, repair estimates,
insurance payment statements, payroll stubs, business records, and
similar documents relevant to the value of the stolen or damaged
property, medical expenses, and wages and profits lost shall not be
excluded as hearsay evidence.
  SEC. 2.  Section 1214 of the Penal Code is amended to read:
   1214.  (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4 or Section 1203.04 as
operative on or before August 2, 1995, or Section 13967 of the
Government Code, as operative on or before September 28, 1994, with
or without imprisonment, the judgment may be enforced in the manner
provided for the enforcement of money judgments generally.  Any
portion of a restitution fine that remains unsatisfied after a
defendant is no longer on probation or parole is enforceable by the
State Board of Control pursuant to this section.  Notwithstanding any
other provision of law prohibiting disclosure, the state, as defined
in Section 900.6 of the Government Code, a local public entity, as
defined in Section 900.4 of the Government Code, or any other entity,
may provide the State Board of Control any and all information to
assist in the collection of unpaid portions of a restitution fine for
terminated probation or parole cases.  For purposes of the preceding
sentence, "state, as defined in Section 900.6 of the Government
Code," and "any other entity" shall not include the Franchise Tax
Board.
   (b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment.  Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (4) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (5) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (7) of
subdivision (f) of Section 1202.4.  The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure.  In addition, upon request, the court shall provide the
State Board of Control with a certified copy of any order imposing a
restitution fine or order and a copy of the defendant's disclosure
pursuant to paragraph (4) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (5) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (7) of
subdivision (f) of Section 1202.4.  A victim shall have access to all
resources available under the law to enforce the restitution order,
including, but not limited to, access to the defendant's financial
records, use of wage garnishment and lien procedures, information
regarding the defendant's assets, and the ability to apply for
restitution from any fund established for the purpose of compensating
victims in civil cases.  Any portion of a restitution order that
remains unsatisfied after a defendant is no longer on probation or
parole is enforceable by the victim pursuant to this section.
Victims and the State Board of Control shall inform the court
whenever an order to pay restitution is satisfied.
   (c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 by a municipal court, or by the superior
court acting pursuant to subdivision (d) of Section 1462, may be
enforced in the same manner as a money judgment in a limited civil
case.
   (d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to a
judgment for any fine or restitution ordered pursuant to Section
1202.4 or Section 1203.04 as operative on or before August 2, 1995,
or Section 13967 of the Government Code, as operative on or before
September 28, 1994.
   (e) (1) This section shall become operative on January 1, 2000,
and shall be applicable to all courts, except when all of the
following apply:
   (A) A majority of judges of a court apply to the Judicial Council
for an extension.
   (B) The judicial application described in paragraph (1) documents
the need for time to adjust restitution procedures and practices, as
well as to facilitate judicial education and training in direct
restitution to victims under subdivision (f) of Section 1202.4.
   (C) The Judicial Council grants the extension upon finding good
cause.
   (2) Upon the grant of an extension pursuant to the application of
a court under this subdivision, the provisions of former Section
1202.4 shall continue to apply with respect to that court.  The
extension may be for any period of time set by the Judicial Council,
but shall not exceed January 1, 2002, in any case.
  SEC. 3.  Section 19280 of the Revenue and Taxation Code is amended
to read:
   19280.  (a) (1) Fines, state or local penalties, forfeitures,
restitution fines, restitution orders, or any other amounts imposed
by a superior or municipal court of the State of California upon a
person or any other entity that is due and payable in an amount
totaling no less than two hundred fifty dollars ($250), in the
aggregate, for criminal offenses, including all offenses involving a
violation of the Vehicle Code, except offenses relating to parking or
registration or offenses by pedestrians or bicyclists, may, no
sooner than 90 days after payment of that amount becomes delinquent,
be referred by the county or the state to the Franchise Tax Board for
collection under guidelines prescribed by the Franchise Tax Board.
   (2) For purposes of this subdivision:
   (A) The amounts referred by the county or state under this section
may include any amounts that a government entity may add to the
court-imposed obligation as a result of the underlying offense,
trial, or conviction.  For purposes of this article, those amounts
shall be deemed to be imposed by the court.
   (B) Restitution orders may be referred to the Franchise Tax Board
only by a government entity, as agreed upon by the Franchise Tax
Board, provided that all of the following apply:
   (i) The government entity has the authority to collect on behalf
of the state or the victim.
   (ii) The government entity shall be responsible for distributing
the restitution order collections, as appropriate.
   (iii) The government entity shall ensure, in making the referrals
and distributions, that it coordinates with any other related
collection activities that may occur by counties or other state
agencies.
   (iv) The government entity shall ensure compliance with laws
relating to the reimbursement of the State Restitution Fund.
   (C) The Franchise Tax Board shall establish criteria for referral,
which shall include setting forth a minimum dollar amount subject to
referral and collection.
   (b) For the period January 1, 1995, to December 31, 1997,
inclusive, for purposes of a manageable implementation and evaluation
of the program authorized by this article, the Franchise Tax Board
may limit referrals to nine counties.
   (c) Upon written notice to the debtor from the Franchise Tax
Board, any amount referred to the Franchise Tax Board under
subdivision (a) and any interest thereon, including any interest on
the amount referred under subdivision (a) that accrued prior to the
date of referral, shall be treated as final and due and payable to
the State of California, and shall be collected from the obligor by
the Franchise Tax Board in any manner authorized under the law for
collection of a delinquent personal income tax liability, including,
but not limited to, issuance of an order and levy under Article 4
(commencing with Section 706.070) of Chapter 5 of Division 2 of Title
9 of Part 2 of the Code of Civil Procedure in the manner provided
for earnings withholding orders for taxes.
   (d) (1) Part 10 (commencing with Section 17001), this part, Part
10.7 (commencing with Section 21001), and Part 11 (commencing with
Section 23001) shall apply to amounts referred under this article in
the same manner and with the same force and effect and to the full
extent as if the language of those laws had been incorporated in full
into this article, except to the extent that any provision is either
inconsistent with this article or is not relevant to this article.
   (2) Any information, information sources, or enforcement remedies
and capabilities available to the court or the state referring to the
amount due described in subdivision (a), shall be available to the
Franchise Tax Board to be used in conjunction with, or independent
of, the information, information sources, or remedies and
capabilities available to the Franchise Tax Board for purposes of
administering Part 10 (commencing with Section 17001), this part,
Part 10.7 (commencing with Section 21001), or Part 11 (commencing
with Section 23001).
   (e) The activities required to implement and administer this part
shall not interfere with the primary mission of the Franchise Tax
Board to administer Part 10 (commencing with Section 17001) and Part
11 (commencing with Section 23001).
   (f) For amounts referred for collection under subdivision (a),
interest shall accrue at the greater of the rate applicable to the
amount due being collected or the rate provided under Section 19521.
When notice of the amount due includes interest and is mailed to the
obligor and the amount is paid within 15 days after the date of
notice, interest shall not be imposed for the period after the date
of notice.
   (g) In no event shall a collection under this article be construed
as a payment of income taxes imposed under Part 10 (commencing with
Section 17001) or Part 11 (commencing with Section 23001).
  SEC. 4.  (a) Notwithstanding paragraph (1) of subdivision (a) of
Section 19280 of the Revenue and Taxation Code, restitution fines
imposed by a superior or municipal court of the State of California
upon a person or any other entity that are enforceable by the State
Board of Control and are due and payable in an amount totaling no
less than one hundred dollars ($100), in the aggregate, for criminal
offenses, including all offenses involving a violation of the Vehicle
Code, except offenses relating to parking or registration or
offenses by pedestrians or bicyclists may be referred by the State
Board of Control to the Franchise Tax Board for collection under
guidelines prescribed by the Franchise Tax Board.  The debt
collection caseload may be limited based on the current capacity of
the Franchise Tax Board.
   (b) Subdivision (a) shall be implemented as a pilot project,
subject to the approval of the Director of the Department of Finance.

   (c) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2002, deletes or extends
that date.
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
